Town of Bethel, NY
Sullivan County
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Table of Contents
Table of Contents
[Adopted as Ch. 72 of the 1979 Code (Ch. 113, Art. I, of the 1990 Code)]
No opening or excavation by cutting, digging or otherwise, subsequently herein referred to as an "operation," shall be made, commenced or carried on, in or under any street, highway, sidewalk, sidewalk area or public place in the Town of Bethel for any purpose whatsoever, except as herein provided in §§ 294-8 through 294-10 of this article until a written permit therefor has been duly issued as herein provided, in accordance with the procedures set forth in § 294-4 hereof and in compliance with §§ 294-5 and 294-6 hereof.
A. 
The provisions of this article shall be applicable to any and all operations being worked at the time this article shall become effective. No operation shall be extended in area after the effective date of this article without first securing a permit therefor in accordance with the provisions of this article.
B. 
Public utility companies making 12 applications or more per year may, in lieu of the deposit hereinafter mentioned, deposit with the Town Board its bond or a surety company bond approved as to form, manner of execution and sufficiency by the Town Board of the Town of Bethel, which bond shall be retained as security for the faithful performance by the applicant of all the terms, agreements, covenants and conditions of the permit on the applicant's part to be done or performed. Said bond shall be in an amount to be determined by the Superintendent of Highways, but in no case shall the face amount of the bond be less than $5,000.
C. 
Public utility companies installing underground services within the bounds of any street, highway, sidewalk area, right-of-way or public place within the Town of Bethel shall, in addition to the notice provisions of Article 36 of the General Business Law of the State of New York, file a map showing the location of such installations with the Superintendent of Highways.
D. 
Any city, village, Town public improvement district or other municipality may, in lieu of making the cash deposit hereinafter mentioned, file with the Superintendent of Highways a certified copy of a resolution duly adopted by the governing board of such municipality or district, which said resolution shall guarantee faithful performance by said municipality or district of all the terms, agreements, covenants and conditions as set forth in the permit. Said resolution shall be effective for the remainder of the calendar year in which it is adopted.
If it becomes necessary in case of an emergency or any unforeseen happening to enter upon a Town road for the purpose of making emergency repairs to any sewer, water pipe, conduit or other underground or overhead structure, any person, firm, corporation, public utility or municipal subdivision may do so forthwith, provided that within 24 hours of the time of making such opening, Sundays or holidays not included, proper application for a permit is made therefor.
In any residence district, no operation authorized under this article shall be permitted on Sundays or legal holidays nor before 8:00 a.m. or after 5:00 p.m. on other days. In any business or industrial district, no operation authorized under this article shall be conducted on Sunday, except where otherwise permitted by law. The Superintendent of Highways, in his discretion, may vary or modify the application of this provision as occasion and/or necessity may demand.
A. 
Application for a permit under this article shall be made to the Superintendent of Highways in writing, in duplicate, for each such operation, and shall contain or be accompanied by the following information:
(1) 
The full name and address of the applicant.
(2) 
The full name and address of the owner or owners of property in front of which the operation is to be performed.
(3) 
The location by street address, if any, of the property in front of which the operation is to be performed and the Tax Map designation of the same.
(4) 
A statement as to the proposed operation, indicating the size and purpose thereof.
(5) 
The date or dates when the proposed operation is to be commenced and the date or dates when the operation is to be completed.
(6) 
The type of pavement or surface to be disturbed.
(7) 
A sketch of the proposed operation.
(8) 
The estimated maximum quantity to be excavated and/or removed and the estimated part thereof that will be used for regrading or filling.
(9) 
The rehabilitation proposed.
(10) 
The estimated cost of the entire proposed operation.
(11) 
The location, if any, of any tiles or drainage system or water mains or other public utility conduits, etc., which may be within the area of the proposed operation.
(12) 
Any additional information which may be reasonable required by the Superintendent of Highways.
(13) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all provisions of the Town Law and other applicable statutes, laws or ordinances of the Town of Bethel and the rules and regulations of the Highway Department of the Town of Bethel.
B. 
Upon receipt of the application as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Bethel. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time as may be authorized by said Superintendent of Highways.
No permit for an operation shall be issued by the Superintendent of Highways until the applicant therefor shall have first paid to the Superintendent of Highways, by check or money order payable to the order of the Town of Bethel:
A. 
A fee to cover the cost of issuing the permit and the supervision and the inspection of the operation done in connection therewith, as set forth in the most current fee schedule of the Town.
[Amended 8-18-1990 by L.L. No. 2-1990]
B. 
A deposit in an amount to be determined by the Superintendent of Highways, computed at the rate of $20 per square yard of said surface to be disturbed. If and when machinery is to be used in connection with an operation and there is the likelihood of damage or injury to areas other than the specific location of the operation, a deposit of an additional amount may be required, said additional amount to be determined by the Superintendent of Highways, computed at the rate of $20 per square yard of the area affected.
(1) 
Said deposit shall be retained by the Town for the duration of the period of maintenance. The period of maintenance shall be considered as a period of six months after the date of final completion, as determined by the Superintendent of Highways, of the operation to be done pursuant to the terms of the permit; except, however, that in the event of termination of said six months period shall fall within the month of December, January, February, March or April, then and in that event the period of maintenance shall be considered as extending to the first day of May next ensuing; and the permittee shall keep every portion of the same in good order and repair during the entire period of maintenance.
(2) 
Upon the failure or default by the permittee of or in any of the terms, agreements, covenants and conditions of the permit on the permittee's part to be done, to be performed or to be completed, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left, after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.
A. 
Amount. No permit for an operation under this article shall be issued by the Superintendent of Highways until the applicant therefor shall have first placed on file with said Superintendent of Highways, without cost to the Town, satisfactory evidence of public liability insurance in an amount of not less than $100,000 for any one person and not less than $300,000 for any one accident and of property damage insurance in an amount of not less than $50,000 aggregate and satisfactory evidence that said insurance has been approved as to form, correctness and adequacy by the Town Attorney to insure the Town against any loss, injury or damage arising out of the granting of the permit or from any negligence of said applicant, his servants, agents or employees in connection with said operation or with any and all work related thereto.
B. 
Duration. Such insurance hereinabove referred to shall remain in force throughout the effective period of the permit and/or any authorized extension or extensions thereof and shall carry an endorsement to the effect that the insurance company will give at least 10 days' prior written notice to the Town of Bethel of any modification or cancellation of any use insurance and shall contain a clause to the effect that termination of said insurance shall be without prejudice to the right of the Town of Bethel to make a claim or claims thereafter for any loss or damage sustained as a result of any act or acts committed or omitted during the term of said insurance.
A. 
Existing structures. No work shall be commenced in connection with an operation for which a permit has been granted under the provisions of this article until the permittee shall have given written notice of the issuance of such a permit at least 24 hours prior to the commencement of such work to the owner or lessee of any pipes, conduits or other structures lying upon, over or under the surface of the area wherein the operation is to be performed pursuant to the permit issued hereunder or to the person, firm or corporation having the custody, control, care or maintenance of said pipes, conduits or other structures, and said permittee shall file with the Superintendent of Highways proof of the service of said written notice herein referred to. The permittee shall at all times during the performance of the work on said operation, at his own expense, preserve, support, maintain in operation and protect and safeguard from injury or damage such pipes, conduits or other structures and, in case of injury or damage, shall restore the same, at his own cost and expense, to the same condition as they were in prior to the commencement of the work on said operation. In the event of the failure of the permittee to comply with the provisions of this section, such injuries and damages may be corrected and repaired by the owner thereof, his agents or employees, and the cost thereof and all damages sustained shall be paid by the permittee.
B. 
Traffic. Unless otherwise authorized by the Superintendent of Highways, traffic shall be maintained at all times during the progress of the operation being performed under the permit, and the permittee shall have due regard for the safety of all traffic and the public and shall:
(1) 
Erect and maintain suitable barricades, fences and/or guardrails around the area of operation during the work on said operation and shall arrange the same in such manner as to cause a minimum of inconvenience, hazard and delay to any and all traffic.
(2) 
Suitably place, install and maintain adequate warning flags or signs and lighted red lamps or flares.
(3) 
Provide a watchman, if deemed necessary by the Superintendent of Highways and if so ordered by the Superintendent of Highways, in accordance with his directions and instructions.
(4) 
Designate and furnish competent persons to direct and expedite traffic, by means of lights or flags, when necessary, to minimize inconvenience, hazard and delay to any and all traffic.
(5) 
Arrange and conduct the work in connection with said operation so as to make possible the removal completely of any obstructions to any and all traffic on Saturdays, Sundays and holidays, if so required by the Superintendent of Highways.
(6) 
Comply with any and all other safety precautions as the Superintendent of Highways may direct.
No driveway entrance or exit and no alteration, change, relocation or reconstruction of an existing driveway entrance or exit, subsequently herein referred to as an "operation," shall be constructed by owners and occupants of property abutting on Town highways, for any purpose whatsoever, until a written permit therefor has been duly issued as herein provided and in accordance with the procedures set forth in §§ 294-9 and 294-10 hereof.
A. 
Application for a permit under this article shall be made to the Superintendent of Highways in writing, in duplicate, for each such operation and shall contain the following information:
(1) 
The full name and address of the applicant.
(2) 
The full name and address of the owner or owners of the property in front of which the operation is to be performed.
(3) 
The full name and address of the owner or owners of the property for whom the operation is to be performed.
(4) 
The location by street address, if any, of the property in front of which the operation is to be performed and the Tax Map designation of the same.
(5) 
A statement as to the proposed operation, indicating the size and purpose thereof.
(6) 
The date or dates when the proposed operation is to be commenced and the date or dates when the operation is to be completed.
(7) 
A sketch of the proposed operation, including a profile from the crown of the road to the property line.
(8) 
The location, if any, of any tiles or drainage system, water mains or other public utility conduits, etc., which may be within the area of the proposed operation.
(9) 
The proposed location of the entry of said driveway onto the Town highway.
(10) 
Any additional information which may be reasonably required by the Superintendent of Highways.
(11) 
A signed statement by the applicant that said applicant agrees to perform the proposed operation for which the permit may be granted in full and strict compliance and in accordance with the conditions of the permit, if issued, and any and all provisions of the Town Law and other applicable statutes and laws and ordinances of the Town of Bethel and the rules and regulations of the Highway Department of the Town of Bethel.
B. 
Upon receipt of the application, as provided for in Subsection A hereof, the Superintendent of Highways shall act thereon by issuing or refusing to issue a permit. No permit shall be issued by him except where there is compliance with the provisions of this article and all other laws and ordinances and rules and regulations of the Highway Department of the Town of Bethel. Such a permit, when issued, shall be effective for such period of time, not to exceed 30 consecutive calendar days, to be specified thereon by the Superintendent of Highways. Such specified period of time may be extended for the completion of the operation, if so requested in writing by the permittee prior to the expiration date thereof, for such additional period or periods of time as may be authorized by said Superintendent of Highways.
C. 
Said permit, when issued, shall contain the following conditions to be complied with by the permittee:
(1) 
The proposed driveway at the point of entrance on the Town highway shall have the optimum of sight distances, both vertical and horizontal.
(2) 
The grade, width and drainage of said proposed driveway shall minimize any possible damage or injury to the Town highway and shall be such as to provide the maximum safety for all traffic on the Town highway in the area of the entrance of said proposed driveway on said Town highway.
(3) 
Any additional requirements which may be imposed by the Superintendent of Highways for the preservation of the Town highway at the point of entrance of the proposed driveway onto the Town highway and for minimizing hazards and dangers to the traffic on said public highway.
D. 
Upon notification by the permittee of the completion of the proposed driveway, the Superintendent of Highways shall inspect said driveway to determine that its completion is in accordance with the permit. When the Superintendent of Highways is satisfied that the conditions of such permit have been met, he shall issue a certificate of compliance. There shall be no use of such driveway for any purpose other than the construction of the same until such certificate of compliance has been issued. No certificate of occupancy shall be issued by the Code Enforcement Officer of the Town of Bethel if a permit for driveway construction has been issued until such certificate of compliance has also been issued.
No permit for an operation shall be issued by the Superintendent of Highways until the applicant therefor shall have first paid to the Superintendent of Highways, by check or money order payable to the order of the Town of Bethel:
A. 
A fee to cover the cost of issuing the permit and the supervision and inspection of the work done in connection with said operation, as set forth in the most current fee schedule of the Town.
[Amended 8-18-1990 by L.L. No. 2-1990]
B. 
A deposit, in an amount to be determined by the Superintendent of Highways, computed at the rate of $20 per square yard of the surface of any street, highway, sidewalk, sidewalk area or public place, including drainage ditches, gutters, culverts, pipes, curbs or curbing, which may be disturbed, injured or damaged in connection with an operation hereunder. If and when machinery is used in connection with an operation and there is a likelihood of damage or injury to areas other than the specific location of the operation, a deposit of an additional amount may be required, said additional amount to be determined by the Superintendent of Highways, computed at the rate of $20 per square yard of the area affected.
(1) 
Said deposit shall be retained by the Town until a certificate of compliance shall have been issued by the Superintendent of Highways as hereinbefore provided in § 294-9D.
(2) 
Upon the failure or default by the permittee of or in any of the terms, agreements, covenants (including the use of a proper culvert) and conditions of the permit on the permittee's part to be done, performed or completed, said deposit may be used by the Town for any expense incurred by the Town by reason of such failure or default on the part of the permittee, and any balance left, after the expense caused by such failure or default, as determined and certified by the Superintendent of Highways, has been paid and deducted from the amount of the deposit, shall be refunded to the permittee.
The deposit of any dirt, filth, waste, snow or rubbish in any street, highway, sidewalk, sidewalk area or public place, or the encumbering thereof by any encroachment of building, structure, excavation or otherwise or any act which in any manner damages or injures a Town highway or interferes or obstructs in any manner the drainage and other uses of the highway for municipal purposes and for use by the public and traffic thereon is hereby prohibited.
A. 
Notwithstanding any other provisions of this article, any person who violates or causes or participates in any offense against the provisions of this article shall, upon conviction thereof, be guilty of a violation pursuant to the Penal Law of the State of New York, punishable by a fine not exceeding $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment.
B. 
Whenever any person shall have been notified in writing by the Superintendent of Highways that he is committing an offense against the provisions of this article, or of any permit or extension thereof issued hereunder or is served with a summons or warrant accusing him thereof, each day that he shall continue such offense after such notification or service shall constitute a separate violation, punishable by a like fine or penalty, as provided in Subsection A above.
C. 
Notwithstanding the penalties herein provided, the Town Board may maintain an action or proceeding in the name of the Town in a court of competent jurisdiction to compel compliance with or to restrain by injunction the violation of any provisions of this article.
D. 
The foregoing provisions for the enforcement of the regulations in this article are not exclusive but are in addition to any and all other laws applicable thereto.